Land registration is a process that gives landowners a way to be sure they have clear title to their land. Once you register your land in the system, you have priority over all other persons who may claim an ownership interest in the same land.

Land registration is important because it provides certainty. It ensures that the registered landowner has all the rights of ownership that come with that particular parcel of land. It makes it easier for landowners to avoid conflicts regarding the title to their land.

If you want to register your land, you will need the help of a certified property lawyer. Certain transactions, including the sale or mortgage of previously unregistered land, automatically require the land to be registered, but a landowner may also voluntarily register their land. This process is also known as “migration”. 

Clear title to land means there is legal certainty about who owns the land. In many cases, it is easy to identify the legal owner of a piece of land; however, sometimes, several people claim to own the same piece of property. For example, two siblings may claim to own the same parcel of land. If you have clear title, there are no claims on the land from others.

Clear title is important because it provides landowners with legal certainty that they can enjoy the rights and obligations of land ownership. Clear title enables landowners to develop, sell, lease, mortgage and transfer their land within the bounds of the laws where that land is located.

Without clear title, your rights may be limited or restricted by other people’s claims to the same land. This could stop you from developing or selling your land. Also, it could result in family conflicts about the current and future uses of the land. For example:

• A person who wants to build a home may be stopped by another person claiming to have an interest in the same piece of land. Until they resolve the dispute, the land might not be used or developed fully.
• A person who wants to sell their land may be unable to do so if they do not have clear title.
• If it is unclear who owns the land, occupants may not know they should pay the property taxes or may decide not to, and the municipality could sell the land for unpaid taxes.

You can get clear title to a parcel of land in several ways – the four mentioned below are the most common.

By agreement—In some cases, if there are competing claims to the same parcel of land, it’s possible for one or more of the parties to get clear title by reaching an agreement with the other people involved. In those cases, a lawyer would need to assess the situation to determine the steps the parties need to take to get a clear title. Often, quit claim deeds are involved. 

Marketable Titles Act – A person can ask a lawyer to search for evidence to establish proof of title, such as a valid property deed, agreement of purchase or sale, or a will. The paper trail has to go back at least 40 years. The lawyer has to confirm that there are no other documents that extinguish the person's interest in the land. If a lawyer is satisfied that there is a proper chain of title, the lawyer can provide a certificate of title. 

Quieting Titles Act – A person who cannot find paper evidence of 40 years of ownership of the land (for example, a deed may be missing) can ask the court to establish their title to the land. The property owner must give evidence to the court to prove their use and occupation of the land, and if the information is good enough, the court can grant a certificate of title. When more than one person is claiming the same parcel of land, the court can consider each claim and decide who has the best claim of ownership or if the land should be divided between the claimants.

Land Titles Clarification Act – In 13 areas of Nova Scotia, including Cherry Brook, North Preston, and East Preston, a person can apply to the provincial Department of Natural Resources for a certificate of title to their land. The applicant will need the help of a lawyer to complete this process. The applicant must provide a description of the property, evidence and the names of other persons who may have an interest in the property. For more information on this process, go to the Department of Natural Resources website: https://novascotia.ca/land-titles/

There are many different property rights. Property law textbooks talk about “bundles of rights.” The bundle of rights that comes with one parcel of land might be very different from the bundle that comes with another parcel. 

For example, property rights can include rights related to

• Possession
• Use
• Quiet enjoyment
• Granting permissions or “licenses”
• Building on the land
• Developing the land
• Selling the land
• Leasing or mortgaging the land and
• Giving the land to someone by transferring ownership.

This isn’t a complete list; it’s just some of the most common examples. 

A title holder might have some or all of the various rights associated with a piece of property. 

These rights are subject to restrictions imposed by laws such as municipal land-use bylaws.

Courts will enforce those rights and make sure that others, including governments, respect them.

Where a person does not have title to land, the title holder may deny them property rights. Any dispute about property rights that the people cannot resolve amongst themselves must go to the Nova Scotia Supreme Court. 

Having title to land means that the landowner must comply with the legal obligations of land ownership. These obligations will vary depending on where that land is located. In Nova Scotia, the main legal responsibilities of landowners include paying municipal property taxes and following land use bylaws. If you don’t pay taxes and follow applicable laws, the consequences can be severe – you may need to pay a fine, or you could lose title to your land.

Land title registration does not provide absolute protection for registered titleholders against competing claims. Disputes are still possible, but registration puts the title holder in a more secure position. 

Registration stops the clock on claims for adverse possession or prescriptive easements. Adverse possession and prescriptive easements require evidence of at least 20 years of use. If those 20 years accrued prior to registration, registration does not extinguish those rights but it does mean that no new rights can accrue. 

Only in very limited circumstances. 

Provincial and municipal governments and public utilities such as Nova Scotia Power and the Halifax Water Commission can take (expropriate) private land, but only for public purposes. Usually, this would be to build roads or to expand or improve public services. If the government needs your land for a public purpose, the government must compensate you by paying you the market value of the land.

You can also lose your land if you do not pay your property taxes. If you do not pay your property taxes, your municipality can put your land up for auction. 

A claim of a right of way or an easement over a parcel of land will not challenge the owner’s title to the land, so it will not prevent registration. 

Easements can be documented in a deed or other document recorded at the Land Registration Office. If the owner of the dominant property recorded the easement, a lawyer would discover it during the title search of your property (for example, during the migration process). 

Easements can also be prescriptive. Someone can claim to have a prescriptive easement over your property if they can provide evidence that they have used your property for at least 20 years. Registering a property in the Land Registry System stops the clock on claims for adverse possession or prescriptive easements. However, if those 20 years accrued prior to registration, registration does not extinguish those rights. It just means that no new rights can accrue.  

Squatters’ rights are rights of land ownership that someone gains through long-term use and occupation of land legally owned by someone else. These rights eliminate the ownership of the person with legal title to the land. Another name for squatters’ rights is adverse possession.

To claim adverse possession of someone’s land, a person must show that:

• they (or other people before them) have continuously occupied and used the land for at least 20 years,
• their use of the land has been publicly known and
• their use of the land has excluded other people from using the land.

It’s also possible to claim squatters’ rights against the Crown (government), but the squatter must show 40 years of continuous use and occupation.

Here is more detailed information about squatters’ rights. 

Department of Natural Resources: Land Titles Clarification - Visit novascotia.ca/natr/titles-clarification/ , or contact the Department of Natural Resources, Land Services Branch for information about:

• applying to get clear title to land under the Land Titles Clarification Act
• adverse possession (squatter's rights)
• Crown Land

Nova Scotia Land Registry - Visit www.novascotia.ca/sns/access/land/land-registry.asp for information about Land Registration